Business Liability And Protection

Summary

Sallys Muffin Shop lacks limited liability protection because no paperwork was filed to form a corporation or LLC. Sally may have to pay damages from her personal assets. Doug, hired as an independent contractor, likely cannot claim workers compensation. Mel breached his fiduciary duty by selling a painting beyond his authority. Dan can sue BrewCity for direct liability if BrewCitys negligence caused the accident. Daisy Bakerys pay difference is justified by differing skills, not violating the Equal Pay Act.

Full Conversation

BrewCity hires Doug Marcus, a local lounge singer, to come in one Tuesday evening to try to get more business. Doug is only hired for one night, but while at BrewCity, Doug isn’t watching where he is going, and so he trips over the microphone wire and injures himself. Can Doug recover money under worker’s compensation? Group of answer choices No. Yes, but only if he was not negligent. Yes, because he was acting within his scope of employment when he was injured.
No, Doug likely cannot recover money under worker’s compensation in this case. Worker’s compensation usually covers employees, and since Doug was hired as an independent contractor for just one night, he may not be considered an employee eligible for worker’s compensation benefits.
Would you like more details on worker’s compensation laws in Indiana or information on independent contractor agreements?
Ziyi hired Mel to act as his sales agent in his art gallery. Ziyi gave Mel actual express authority to sell items of art up to $*,* without checking with him; however, if the price was over $*,*, Mel was to check with Ziyi before making a sale. One day, Jennifer wanted to buy a painting for $*,* and Mel sold it to her without first checking with Ziyi. When Ziyi learned of this, he was upset because the price was a mistake; it should have been marked at $*,*. Does Mel have possible liability for breach of any of his fiduciary duties to Ziyi? Group of answer choices No, Mel’s apparent authority to sell the painting relieved Mel of any liability for breach of Mel’s fiduciary duties. No, the fiduciary relationship in an agency only flows one way, from the principal to the agent. Yes, Mel breached the duty to act within his actual authority. Yes, Mel owed Ziyi a duty of confidentiality.
Yes, Mel breached the duty to act within his actual authority.
Mel was given express authority to sell items up to $*,* without checking with Ziyi. By selling the painting for $*,* without first obtaining Ziyi's approval, Mel acted outside the scope of his actual authority, which could result in liability for breaching his fiduciary duty to act within his designated authority.
Would you like more information on the fiduciary duties of agents or legal consequences for breaching these duties?
BrewCity hires a driver, Sherry, to deliver kegs of BrewCity beer to local restaurants. Sherry is NOT an employee. One day, and while making a delivery for BrewCity, Sherry is in a car accident with Dan, and both Sherry and Dan are injured. If Dan wanted to recover money for his injuries, which of the following is true? Group of answer choices Dan could successfully sue BrewCity based on vicarious liability even if Sherry was not negligent because of strict liability. If Sherry was negligent, Dan could successfully sue BrewCity because driving is an inherently dangerous activity. Dan could successfully sue BrewCity based on vicarious liability even if Sherry was not negligent because of vicarious liability. Dan could successfully sue BrewCity based on direct liability but only if BrewCity somehow acted negligently and that negligence somehow caused the accident.
Case Rating: *
If Dan wants to recover money for his injuries, the correct statement would be:
- Dan could successfully sue BrewCity based on direct liability but only if BrewCity somehow acted negligently and that negligence somehow caused the accident.
Would you like more information on vicarious liability or direct liability in Indiana?
Daisy Bakery, a company with * employees, pays its female store manager more money than its male store manager because she attended a higher-ranking business school, although they both just graduated from college with the same degree and do the same work. Based on the facts provided, what is the most likely reason that MRG is not violating the Equal Pay Act? Group of answer choices The employees do not have equal responsibility. The employees do not have equal skill. The Equal Pay Act does not apply to Daisy Bakery. The employees do not provide equal effort.
Case Rating: *
The most likely reason that Daisy Bakery is not violating the Equal Pay Act is:
- The employees do not have equal skill.
The Equal Pay Act allows for differences in pay if they are based on factors other than gender, such as education, experience, or skill.
Do you have another legal question or need more information on employment laws in Indiana?
Daisy Bakery, a company with * employees, pays its female store manager more money than its male store manager because she attended a higher-ranking business school, although they both just graduated from college with the same degree and do the same work. Based on the facts provided, what is the most likely reason that MRG is not violating the Equal Pay Act? Group of answer choices The employees do not have equal responsibility. The employees do not have equal skill. The Equal Pay Act does not apply to Daisy Bakery. The employees do not provide equal effort.
Case Rating: *
The most likely reason that Daisy Bakery is not violating the Equal Pay Act is:
- The employees do not have equal skill.
The Equal Pay Act allows for differences in pay if they are based on factors other than gender, such as education, experience, or skill.
Do you have another legal question or need more information on employment laws in Indiana?